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NY I81601




June 12, 2002

CLA-2-62:RR:NC:WA:357 I81601

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.2020

Ms. Tonya Smith
Hartwell Industries, Inc.
97 Winfield Circle
Hartwell, GA 30643

RE: The tariff classification of a man’s reversible padded sleeveless jacket from Taiwan, China, Hong Kong, Sri Lanka, Korea, Philippines, Indonesia, Cambodia, Myanmar, Malaysia, Ethiopia and Vietnam

Dear Ms. Smith:

In your letter dated May 13, 2002, you requested a classification ruling.

The sample submitted, style number 835A, is a man’s reversible padded sleeveless jacket. One shell of the garment is constructed of a knit brushed 100% polyester fleece fabric. The other shell is constructed of a woven 100% nylon taffeta fabric which has a polyurethane coating.

The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The padded sleeveless jacket has a stand-up collar, oversized armholes, a full front opening that is secured by a reversible zipper pull closure that extends to the top of the collar and a drawcord tightening through the bottom hem. Both the knit shell and the woven shell have a zippered pocket on the left chest and two front pockets with zipper closures at the waist.

The sample is being returned to you as you have requested.

In accordance with General Rule of Interpretation (GRI) 3(c) of the Harmonized Tariff Schedules when goods cannot be classified by reference to GRI 3(a) or 3(b), they are to be classified in the heading which occurs last in numerical order among those which equally merit consideration in determining their classification. In this case neither the knit polyester fabric nor the woven nylon fabric provides the essential character. Therefore, classification will be as woven nylon based on the above.

The applicable subheading for the padded sleeveless jacket will be 6201.93.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys’ padded sleeveless jackets, of man-made fibers: other. The duty rate will be 15.3 percent ad valorem.

We note that this padded sleeveless jacket is marked with the country of origin by means of a fabric label sewn inside one of the pockets. The Customs Service has ruled that country of origin marking on reversible outerwear garments by means of a sewn-in label in one of the pockets and an additional hangtag affixed through the neck with a plastic anchor meets the marking requirements provided the label and hangtag are legibly, conspicuously and permanently marked in accordance with Section 304 TA (19 U.S.C. 1304) and 19 CFR Part 134.

Textile fiber products imported into the U.S. must also be labeled in accordance with the Textile Fiber Products Identification Act and the rules promulgated thereunder by the Federal Trade Commission, for which U.S. Customs does not issue rulings. Information on these labeling requirements may be obtained at the FTC website at WWW.FTC.GOV.

The padded sleeveless jacket falls within textile category designation 659. Based upon international textile trade agreements products of Taiwan, China, Hong Kong, Sri Lanka, Korea, Philippines, Indonesia and Malaysia are presently subject to quota restraints and the requirement of a visa. Products of Cambodia are not presently subject to quota restraints but a visa is required. Products of Myanmar (Burma), Vietnam and Ethiopia are not presently subject to quota restraints nor the requirement of a visa

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist W. Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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